State v. K.M., 2016AP421, 5/17/2016, District 1 (one-judge decision, ineligible for publication); case activity The court of appeals rejects a mother’s two challenges to the termination of her parental rights. The TPR petition alleged continuing CHIPS as the unfitness ground. (¶3). The mother’s first claim is that some of the conditions of return in the CHIPS… Read more
admin
Kernan v. Hinojosa, USSC No. 15-833, 2016 WL 2842454 (May 16, 2016) (per curiam), reversing Hinjosa v. Davey, 803 F.3d 412 (9th Cir. 2015); Scotusblog page The Ninth Circuit Court of Appeals concluded that the California courts hadn’t made a determination of Hinojosa’s claim on the merits and therefore applied de novo review rather than AEDPA’s highly deferential standard… Read more
United States v. Eugene A. Sweeney, 7th Circuit Court of Appeals No. 14-3785, 5/9/16 The police officers’ search of the basement of the apartment building where an armed robbery suspect lived was neither a trespass nor an invasion of the apartment dwellers’ curtilage. Thus, the gun found during the search was lawfully seized and not… Read more
St. Croix County Department of Health and Human Services v. Michael D. & Juanita A., 2016 WI 35, 05/12/2016, reversing an unpublished court of appeals decision; case activity Waukesha County v. Steven H., 2000 WI 28, 233 Wis. 2d 344, 607 N.W.2d 607, finds itself roundly praised and deeply buried by our high court. There are… Read more
State v. Jeffrey P. Lepsch, 2015AP2813-CR, petition for review granted 5/11/16; case activity (including briefs) Issues (composed by On Point) Were one or more jurors at Lepsch’s trial objectively or subjectively biased because they did not provide “unequivocal assurances” that they could set aside prior beliefs (about, e.g., the guilt of the defendant and the… Read more
Rock County HSD v. W.J., 2015AP2469, District 4, 5/12/16 (one-judge decision; ineligible for publication); case activity The county department had authority under § 48.42(1) to file a TPR petition alleging any ground for termination. The petition in this case alleged W.J. abandoned his child and that the child was in continuing need of protection and services… Read more
State v. Daniel L. Schmidt, 2016 WI App 45; case activity (including briefs) The court of appeals rejects three challenges to Schmidt’s jury-trial conviction of two homicides. Schmidt first asserts that the evidence was insufficient to convict him as to one of the homicides, though not the other. After a lengthy recitation of the substantial evidence… Read more
State v. Justin Carl Herman Hembel, 2015AP1220-CR, 5/10/16, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Police lacked probable cause to believe Hembel violated § 346.54, governing “How to park and stop on streets,” so the stop of Hembel was unlawful. An officer saw Hembel driving at 2:30 a.m. in a “rural” area… Read more
